Malone (Migration)

The Administrative Appeals Tribunal (AAT) considered the case of Malone concerning an application for an Other Family (Residence) (Class BU) visa, specifically a Subclass 836 (Carer visa). The applicant had failed to pay the required visa application charge.

The primary legal issue before the Tribunal was whether the applicant had, in fact, paid the visa application charge, despite initial indications to the contrary. The Tribunal was required to determine if the evidence presented by the applicant sufficiently demonstrated payment of the charge.

The Tribunal found that the applicant had provided evidence of payment of the visa application charge. Consequently, the Tribunal remitted the decision under review back to the Department of Home Affairs for further consideration, as the applicant had met the requirement of paying the charge.